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Parental responsibility is defined in law by the Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.
People with parental responsibility are entitled to have a say in major decisions about a child such as:
A child’s mother automatically has parental responsibility. You will have parental responsibility if one of the following scenarios applies:
Separated parents can both still have parental responsibility even though they are no longer together. If you have parental responsibility, it might not mean you automatically have the right to spend time with your children.
Both parents should be involved and agree on important decisions about the child’s life. If there are any disputes, you can apply for a Specific Issue Order.
If you do not have Parental Responsibility, there are several ways that you can obtain it. These include:
If an agreement is not possible you can apply to the court for a Parental Responsibility Order. when considering whether to make the order the court will consider the father's commitment and attachment to the child and whether the reasons for applying are genuine.
Generally, the court will make a parental responsibility order unless the father poses a risk to the child or the mother.
Our team of experienced family solicitors can provide legal advice throughout the process. We can tell you which steps to take and what the likelihood of your case succeeding is. We can also explain your rights and support your case from start to finish.
If you would like to find out how we can help, please call us on 0161 941 4000, or contact us online.
Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.